Written by The California Probate Code outlines a specific order of inheritance for those who die intestate. It ensures that those closest to the deceased have the first claim. The distribution process follows a detailed framework, often referencing the state’s Table of Consanguinity to determine the degree of relationship between the deceased and heirs.
For Unmarried Individuals
If your deceased loved one was unmarried, inheritance typically prioritizes descendants, such as children. For those without children, assets often pass to surviving ascendants, like parents.
Should neither children nor parents survive, siblings usually inherit the estate. In the absence of brothers or sisters, more distant relatives, including nieces, nephews, aunts, uncles, and cousins, may inherit if there are no closer relatives.
For Married Individuals Or Registered Domestic Partners
In California, inheritance laws prioritize surviving spouses for married individuals. Additionally, registered domestic partnerships are given the same rights as spouses in intestate succession. The distribution of assets hinges on whether they are classified as community or separate property.
Community Property
Community property involves all assets and income gained during the marriage or domestic partnership, including homes, bank accounts, and investments. Under intestate succession, when one spouse passes away, half of their share of the community property automatically transfers to the surviving partner or spouse.
Separate Property
Separate property are assets obtained before the marriage or domestic partnership and inheritances and gifts received during the marriage. It also covers any earnings or assets gained after legal separation.
This structure ensures assets are distributed fairly among the closest relatives and reflects the deceased’s relationships and the nature of the property involved. However, due to the potential complexity of family dynamics, California has additional rules that influence intestate succession.
Other Rules Affecting Intestate Succession
Beyond the basic order of inheritance, several additional factors can significantly impact asset distribution. These rules ensure a more fair and just allocation in unique family situations.
Half-Relatives
Half-relatives, or half-bloods, inherit as if they were full relatives. This means that a half-sibling, sharing only one parent with the deceased, is entitled to the same inheritance share as a full sibling.
Posthumous Relatives
Posthumous relatives are those conceived before the deceased’s death but born afterward. In intestate succession, these children have the same rights to inherit as if they had been born during the deceased’s lifetime.
Slayer Rule
If an heir is found guilty of intentionally causing the death of the deceased, they are disqualified from receiving any part of the inheritance. This rule upholds moral and ethical standards and prevents individuals from profiting from a crime.
Survival Period
California requires an heir to outlive the deceased by a certain period, usually 120 hours, to inherit under intestate succession laws. This rule prevents heirs from being mistakenly considered if they die simultaneously or shortly after the decedent.
These rules cover various scenarios which can help you navigate the intricate probate process. The complexities often require an experienced lawyer’s guidance to ensure everyone’s rights are protected, and the process is handled efficiently.
San Diego Probate Attorneys
12626 High Bluff Dr Suite 440,
San Diego, CA 92130
(858) 333-8844
https://www.SanDiegoProbateAttorney.com/
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